Mubajje, Businessman Dragged to Court Over Sale of Muslim Property

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Summary:

• The Uganda Muslim Lawyers Association has filed a lawsuit accusing the Mufti of Uganda and businessman Justus Kyabahwa of fraudulent activities in the sale of Muslim-owned land, alleging corruption, breach of religious duty, and illegalities, while seeking a court declaration that the agreement is null and void, and any liabilities should be borne by the defendants, not the Uganda Muslim Community.

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The Muslim Lawyers Association has taken legal action against the Mufti of Uganda, Sheikh Shaban Ramadhan Mubajje, and businessman Justus Kyabahwa, accusing them of engaging in fraudulent activities related to the sale of Muslim-owned property. Filed at the civil division of the High Court in Kampala, the lawsuit by the Uganda Muslim Lawyers Association Ltd [UMLAS] contends that the transaction involving the sale of two square miles of land in Ssembabule district to Kyabahwa was corrupt from its inception. The sale, which has gone awry, poses a threat to the auctioning of various Muslim properties, including the Uganda Muslim Supreme Council-UMSC headquarters in Old Kampala.

The lawsuit alleges that the sale of the Ssembabule land by Mubajje and former Secretary General of UMSC, Hajji Ramathan Mugalu, violated their religious duty to the Muslim Community in Uganda, constituting a breach of trust and fiduciary duty. UMLAS seeks several declarations from the court, including the assertion that Mubajje and Mugalu accepted corrupt inducements for the sale, and that the agreement was illegal due to the inclusion of interest payments prohibited by Sharia law, the governing instrument of UMSC affairs.

The lawsuit further claims that the agreement between UMSC and Kyabahwa was orchestrated through collusion, connivance, deceit, fraud, and a coordinated scheme involving Mubajje and Mugalu. The sale, which took place on June 24, 2020, resulted in the attachment of UMSC properties by the High Court to recover the funds owed to Kyabahwa. UMLAS asserts that these legal proceedings are part of a fraudulent litigation scheme to legitimize the illegal transaction.

In response, the lawyers are seeking a court declaration that the agreement is not binding on UMSC, as it is tainted with fraud and illegalities, rendering it null and void. They request that any liability or loss arising from the agreement should be borne by Mubajje, Mugalu, and Kyabahwa, and not by the Uganda Muslim Community. The suit contends that the defendants were aware of encumbrances on the land and entered into the agreement with the intention of unjustly depriving UMSC and the Muslim community of their rightful properties. Additionally, it alleges that Kyabahwa paid bribes and kickbacks to Mubajje and Mugalu to secure an agreement that violated Islamic principles against interest. UMSC is yet to respond to the suit.

Busiinge Aggrey contributed to this report

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